Social Media

Morning Ethics Warm-Up, 3/5/2019: Knaves, Idiots, And Fools

/ Jack Marshall / 24 Comments

Good Morning!

1. Stupid lawsuit update. The bitter ex-Ethics Alarms commenter now appealing the obvious ruling by a Massachusetts judge that his vindictive defamation suit against me continued his abuse of process by filing a spurious motion accusing me of contempt of court and perjury, and calling for sanctions.. It’s 100% baloney, but I still have to file an answer, thus wasting more of my time, which is the point. I’m debating whether to note in my opposition to the motion that the man is an asshole.

2. What an idiot, #1: You have been signed to a ridiculous contract by the Philadelphia Phillies, 13 years for $330 million dollars. You waited four months to do so, jamming up the careers and lives of dozens of lesser players because you really didn’t want to play there, and were determined to get a record setting amount. You know the city’s fans are dubious about your loyalty and commitment, though you have stated that you took such a long contract to demonstrate that commitment. Now you are being introduced to your new team, city and fan base after spending all of your career playing for one of their rival in the National League East, the Washington Nationals. Do you carefully plan out what you will say, when you have your turn at the microphone, knowing that one has only one chance to make a good first impression?

Not if you are Bryce Harper. Yesterday, at his press conference, he said that he wanted to bring a World Series title to Washington D.C.

It’s going to be a long 13 years. For everyone.

3.  What an idiot, #2: Special counsel Robert Mueller notified federal Judge Amy Berman Jackson that Roger Stone had sent  an Instagram post which containing a photo of Mueller under the words “Who framed Roger Stone,” despite Stone being under Jackson’s gag order barring him from speaking in public about Mueller’s team and its investigation.
 Continue reading →

The “Dog Park Diane” Affair

/ Jack Marshall / 35 Comments

This ridiculous story has apparently “gone viral” in some corners of social media, I suppose because it involves race (sort of), dogs, and sex.  I was blissfully unaware of the whole foofaraw until a friend sent me a link.

Here we go!

In Attleboro, Massachusetts, a dog identified as a pitbill mix belonging to African-American Franklin Baxley began doing what frisky dogs sometimes do to other dogs, human legs, and pillows, to a dog belonging to Grace Sandland, who apparently freaked out.  She demanded that he and his dog leave the park, and when Baxley refused, she called the police on her cell phone.

“Why are you calling the cops right now? Because I told you I wasn’t leaving the park?,” Baxley, 42, asks the unnamed woman in the video posted online. “Because my dog humped your dog?” Another women, identified as park staffer Carol Cobb, according to the Daily Mail. Cobb, took the side of the sexually assaulted dog;s owner, and is seen on the video telling Baxley that the pit bull’s  behavior was “inappropriate for the dog park.”

I swear, I’m not making this up.

Sandland told police that Baxley had “verbally assaulted” her, and that Baxley’s dog wouldn’t stop humping and assaulting her dog. Baxley said that he immediately pulled his dog off of hers, but Cobb said that his dog was breaking the rules: no humping permitted. Eventually an Attleboro police sergeant arrived to the scene. No charges were filed, but Baxley has been banned from the dog park.

But wait! There’s more!

Baxley claims that the incident was sparked by racial prejudice, and took to the news media and his Facebook page to make sure everybody knew it. “If I were not black, she would not have felt threatened by me talking to her and defying her orders for me to leave the park,” Baxley told the Daily Mail. “I am a responsible dog owner, and my dog is super friendly. Anyone who goes to that park regularly knows me and will attest to that fact. The dogs were living their best lives the whole time.” The news media quickly dubbed Sandland “Dog Park Diane,” emulating “BBQ Becky,” the sobriquet affixed to a white woman who called the police on a black family grilling ribs in a public park in California. Meanwhile, Baxley began a relentless attack on Sandland on Facebook, whipping the social media mob into a frenzy. The confrontation occurred five days ago, and Baxley is still writing about it, giving interviews, and doing everything he can to ensure that Sandland is labelled a racist for life.

What’s going on here? Continue reading →

Bad Tweets

/ Jack Marshall / 29 Comments

There are enough unethical, dumb, disturbing and occasionally  illuminating tweets from organizations and public figures every day to devote a whole blog to them; indeed, this is what Twitchy does, albeit with a strong conservative bias. I’m not going to make a habit of it, but these are too ethically provocative to pass up:

1. Here’s a tweet from conservative host and pundit Erick Erickson, a prominent NeverTrumper:

What does this even mean? The Constitution insists on free speech; how is the government enforcing Constitutional principles that ensure freedom, “not free’? The Executive Order he was reacting to only affects government-supported colleges and universities (obviously). Erickson is no idiot: this is Trump Derangement—if President Trump does it, it’s wrong— at its saddest. Combine that with Twitter, and the result is sadly predictable.

2. I don’t see how anyone can argue with Federalist editor Mollie Hemingway here, reacting to a tweet from CNN legal commentator (and Democrat) that is part of a general effort by the mainstream media to cushion the blow for “resistance” members when the Mueller report fails to show that President Trump had a traitorous deal with Russia to steal the election:

Continue reading →

Morning Ethics Warm-Up, 3/1/2019: Mania In Pennsylvania

/ Jack Marshall / 10 Comments

Hello from Cannonsburg, PA.

Mr. Adams, but Mr. Adams
The things I write are only light extemporania
I won’t put politics on paper, it’s a mania
So I refuse to use the pen in Pennsylvania

—-Ben Franklin, in “Mr. Adams,” 1776

(But Ben didn’t have a computer…)

1. Like watching a zombie outbreak. Predictable, embarrassing, scary, disgusting, and hilarious. The comments on my Facebook feed by Trump Deranged friends and friends of friends really does begin to make me wonder if protected Trump Hate is mental illness. Multiple people were willing to go on record as saying that they believed Michael Cohen, and—get this—that they found him to be a sympathetic character! Now it’s true that these same people believed Jussie Smollett, Nathan Phillips, Bill Clinton and Christine Blasey-Ford based on nothing more than ideological bias and anti-Trump animus, but even these four are paragons of honesty and trustworthiness compared to Cohen. It is also amazing that these Coehn fans are so confident of the Facebook echo chamber that they don’t hesitate to write something so mind-numbingly stupid.

2. Petty perjury. The Republicans who are trying to prompt an investigation of Cohen for alleged perjury before Congress are abusing process, and worse, they are  imitating the bitter Democrats who argued that Bret Kavanaugh committed perjury by giving his recollection of an innocent definition of “boofing.” Among Cohen’s alleged “lies” is that he said he never wanted to work at the White House in the hearing, but said elsewhere that he did want to work there. The man is inately unbelievable (but sympathetic!) He’s a criminal. He has violated too many legal ethics rules to count. He betrayed his client’s confidences. He has lied under oath. He’s been disbarred. It is literally impossible to have less credibility than Michael Cohen. There is no point in proving petty perjury, except to be vindictive.

3. Testing the tolerance, determination and gag reflex of those who believe in innocence until proven guilty. Michael Jackson’s family is out in force to condemn “Finding Neverland,”is out in force to condemn “Finding Neverland,” a documentary debuting on HBO this weekend.  It purports to chronicle the King of Pop’s alleged serial child abusing, featuring two former kiddy pals who slept in Michael’s bed, all in good fun, according to the Jacksons. No jury ever found Michael guilty, though one has to wonder if the result would have been the same if he looked and sounded like Vin Rhames. On the other hand, Jackson was so, so strange that virtually anything is believable, including the theory that he really was just a big, famous, harmless, case of arrested childhood whose motives were pure as the driven snow. The Jacksons say his now grown playmates are just seeking money and book deals. That’s certainly plausible. What isn’t plausible is that the Jacksons say they never thought Michael’s obsession with young children was suspicious or troubling, and that they see no reason why anyone would have expected them to advise their brother not to act like a pedophile, whether he was one or not.

4. Selma Blair. Selma Blair never became a big star; I remember her best in “Hellboy.” She was talented, though, and now we know she’s gutsy, appearing on the Oscars red carpet using a cane. Blair has multiple sclerosis, which has disabled a career already shot by another crippling malady for movie ingenues–getting older. Blair announced her illness on Instagram, saying, “I am disabled. I fall sometimes. I drop things. My memory is foggy. And my left side is asking for directions from a broken gps. But we are doing it. And I laugh and I don’t know exactly what I will do precisely but I will do my best.” Now she is defying typical Hollywood vanity to appear in public, giving invaluable support to the million-plus Americans who suffer from MS. Wrote Ed Tobias on the MS support website, MS News TodayMS News Today:

“If a photo is worth a thousand words, then the video of Blair and her cane, as she slowly made her way along the red carpet at the Oscars, is worth a million. It shows pain and persistence. Caution and class. It shows what many of us have to handle each day. And Selma Blair showed an audience of millions how to do it. Bravo!”

Agreed.

5.  Now let’s see how many acting jobs David Boreanaz and Emily Deschanel get after this. An arbitrator awarded $179 million,awarded $179 million, much of it in punitive damages, to the two and one of their partners in the long-running hit TV show “Bones,” holding that Fox executives lied, cheated and committed fraud at the expense of the show’s stars and executive producer Barry Josephson. That creative Hollywood accounting robs stars is the third worst-kept and longest running secret in show business, #1 being that directors and producers use their power and star-makimg ability to force actresses to have sex with them, and #2 being that an awful lot of actresses take advantage of that illicit entree. James Garner was one of the few big stars to challenge the swindle in court, and he did so more than once. He won, too, but he also paid a price in lost roles. Most stars just put up with the cheating and take their paychecks, which are pretty big anyway.

Maybe Boreanaz, a latter day Garner who may have sensed that he has maxed  out his career as he enters his fifties (surely you remember him as Angel, Buffy the Vampire Killer’s tragic true, un-dead love?) and Deschanel, who has always been oveer-shadowed her younger, cuter, funnier sister Zooey, may have decided that there was no downside in fighting for their fair share. Or maybe—just maybe—they are making a courageous stand for their profession. Either way, it is good ethics news any time the Hollywood moguls get foiled in this game.

Unethical Tweet Of The Month: Rep. Matt Gaetz (R-Fla)

/ Jack Marshall / 21 Comments

To be fair, he’s not quite as unethical a lawyer as Michael Cohen, but then Cohen isn’t in Congress…

Hey @MichaelCohen212 – Do your wife & father-in-law know about your girlfriends? Maybe tonight would be a good time for that chat. I wonder if she’ll remain faithful when you’re in prison. She’s about to learn a lot…

Nice.

Gaetz sent this tweet before Cohen testified before Congress. It is witness intimidation. It is also stupid witness intimidation. Among other things, it gave Speaker Pelosi an opportunity to appear fair and responsible, by stating,

Goetz doubled down on his ham-handed “nice little family you got there; too bad if something were to happen to it…” threat by denying that he was witness tampering, telling a reporter that he was “witness testing.“

This jerk is a Florida lawyer, and his bar is now investigating whether he breached the ethics rules by threatening a witness. Of course he did, and he did it on Twitter, which makes it the dumbest example of witness tampering in history.

Social Media Is Eyeball To Eyeball With Legal Ethics, And Guess Who Blinked First?

/ Jack Marshall / 4 Comments

Online consumer complaints about lawyers on sites like Avvo and Yelp have been driving lawyers crazy. The ethics rules on client confidentiality prohibit a lawyer from defending him (her) self online, because that requires revealing details of the representation. Two years ago, the Colorado Bar suspended a lawyer’s license d for six months after he responded to a negative online review and revealed that the complaining client had bounced a check and committed unrelated felonies. Lawyers are also generally prohibited from suing their clients for false statements about them in disciplinary complaints, but there have been exceptions. In Blake v. Giustibelli, the Fourth District Court of Appeal upheld a $350,000 libel judgement for a lawyer  against a divorcing couple who posted an online review that falsely accused the attorney of inflating fees and falsifying a contract.

Now Florida, one of the strictest jurisdiction regarding attorney ethics, has allowed a tiny crack in the wall. The Florida Bar Ethics Committee voted 18-0 to approve a Florida Bar Staff Opinion that “permits an inquiring attorney to post a limited response to a negative online review that the attorney says falsely accuses her of theft.” The Florida Bar says that  the increasing frequency of negative online reviews mandate some loosening of the rules. “An attorney is not ethically barred from responding to an online review by a former client where the former client’s matter has concluded,” the opinion states. “However, the duty of confidentiality prevents the attorney from disclosing confidential information about the prior representation absent the client’s informed consent or waiver of confidentiality.”

You can read more about the Bar Committee’s findings on the Florida Bar website here.

Afternoon Ethics Warm-Up, 2/22/19: Irony, Absentee, And General Lee

/ Jack Marshall / 23 Comments

Good evening, Ethics Lovers!

Those of you who are older than me will recall that Spike Jones used to call his audience “music lovers.” I have strived to be the Spike Jones of ethics.

1. Oh, you know you want it: today’s Jussie Smollett ethics items!

  • Do we really have to say “alleged” when talking about Smollett’s hoax? Well, we you have to say “alleged” about every fact about someone that has not been the object of a jury trial? The use of “alleged” has to do with formal guilt, not opinion or unavoidable conclusions. Yes, responsible journalism ethics requires “alleged” is such situations as Smollett’s, indeed various ethics codes state this in black and white. But “we” are not journalists, and “we” have eyes, ears and brains. This isn’t a case, as with the accustaions against Brett Kavanaugh, where there is an unsupported, unsubstantiated allegation: that’s “alleged” by definition. This isn’t: with the exception of the fact that Smollett refuses to admit what he did, the evidence is overwhelming, and his original story makes less sense the more you think about it.

It’s OK to say he did it.

  • Here’s Jussie’s lawyers’ statement from yesterday. Beginning by claiming that we had witnessed “an organized law enforcement spectacle that has no place in the American legal system,” Smollett’s legal team said,

“The presumption of innocence, a bedrock in the search for justice, was trampled upon at the expense of Mr. Smollett and notably, on the eve of a Mayoral election. Mr. Smollett is a young man of impeccable character and integrity who fiercely and solemnly maintains his innocence betrayed by a system that apparently wants to skip due process and proceed directly to sentencing.”

Observations: 1) The police statement yesterday was indeed excessive. This kind of angry denunciation of anyone accused of a crime taints the jury pool. Prosecutors have been disciplined for making public statements like that. 2) Calling Smollett a man of impeccable character is giggle-inducing, but not a lie. If the lawyer thinks that, he can say it, and nobody can prove he’s lying. 3) Ah! The lawyer says that Smollett maintains his innocence, and not that Smollett IS innocent. That’s how lawyers are supposed to phrase it in such circumstances.

  • From the “bias makes you bat-shit crazy” files: The Daily Caller tracked down Jussie’s anti-Trump tweets, which hint at a motive for claiming that racist and homophobic Trump supporters roughed him up. Here are a few…

“Trump stole a presidency. White supremacist cabinet. Syrians being exterminated. Tell DC 2 get real criminals & let the kid smoke her damn j”… “Get that dude out of office as president…”…”Pathetic excuse by U.S.”President” to show no condolence & further sell/spew/spit his white supremest, xenophobic, racism as fact. GTFOH”…”Shut the hell up you bitch ass nigga. You will continue to run this country further into the ground and risk lives every time you breathe. You’re not the president. Just a dumpster full of hate. FOH. Sick to my stomach that literal shit currently represents America to the world.”

Nice. Fox, which features “Empire,” apparently allowed a star to spout hate like this on social media assuming that fans of the show loved the Trump Hate. The tweet that will haint Jussie, I suspect, is this one, from 2016:

“The Trump way of campaigning… Take a pile of bullshit lies, sprinkle a drop of truth on top & call it “FACT”. I pray we aren’t this dumb”

How ironic! Continue reading →

Morning Ethics Warm-Up, 2/21/2019: Smollett And His Friends

/ Jack Marshall / 50 Comments

Good Morning.

(Be honest: how many of you once thought this song was sung by The Beatles?)

1. Jussie Smollett hoax notes:

  • The actor is in custody, is being charged, and the Chicago’s Police Superintendent just gave a withering speech condemning him, asking rhetorically what kind of black man uses a noose as a prop for a false hate crime accusation. It also appears that Smollett had previously sent himself a fake hate crime letter.

Has Smollett wrapped up “Asshole of the Year”? Only in the Hollywood Division, would be my guess, but the year is young.

  • Speaking of contenders, stop making me defend Adam Schiff. The House’s #1 Trump-Hunter deleted this tweet…

Now he’s being criticized by conservatives for trying to send his embarrassing embrace of Smollett’s facially absurd story “down the memory hole.” I don’t blame anyone for deleting stupid social media posts, especially public figures. Why give your enemies a graphic club to bash you with…forever? Of course, a public statement that he was wrong, rash and inflammatory would be appropriate, but this is Adam Schiff we’re talking about. Watch him spin when the Mueller report turns out to be a dud.

  • Here’s part of a Boston Herald editorial:

As Jussie Smollett’s account of his alleged assault falls apart, it is important to note that politicians, the media and influential voices did their best to fan the flames of outrage, based on nothing but the dark premise that conservatives and Trump supporters are evil….It was a flimsy yarn from the outset, which only became more precarious with each passing day. That didn’t stop those most deeply invested in the narrative of Evil Trump to jump into action.

Presidential hopefuls Cory Booker and Kamala Harris each labeled the supposed attack a “modern-day lynching,” with Harris adding that, “We must confront this hate.” Kirsten Gillibrand tweeted, “This is a sickening and outrageous attack, and horribly, it’s the latest of too many hate crimes against LGBTQ people and people of color. We are all responsible for condemning this behavior and every person who enables or normalizes it …” Joe Biden tweeted, “What happened today to @JussieSmollett must never be tolerated in this country. We must stand up and demand that we no longer give this hate safe harbor; that homophobia and racism have no place on our streets or in our hearts. We are with you, Jussie.”…freshman congressman, Rashida Tlaib, tweeted, “The dangerous lies spewing from the right wing is killing & hurting our people.”

… Hollywood notables also reacted as expected. Director Rob Reiner tweeted, “The horrific attack on Jussie Smollett has no place in a decent human loving society. Homophobia existed before Trump, but there is no question that since he has injected his hatred into the American bloodstream, we are less decent, less human, & less loving. No intolerance! No DT!”

The media has comported itself badly as well. Almost immediately after getting the Covington Catholic story so wrong, many in the news industry immediately accepted the Smollett story as true…. a Washington Post writer named Nana Efua Mumford wrote this: “If Smollett’s story is found to be untrue … The incident would be touted as proof that there is a leftist conspiracy to cast Trump supporters as violent, murderous racists. It would be the very embodiment of ‘fake news.’ And that reason, more than any other, is why I need this story to be true.”

In other words, Trump supporters are violent, murderous racists. That dark premise is a lie, fake news and untrue. Let us hope one half of the country can correct their horrifically jaded view of the other half before we lose ourselves.

Continue reading →

Ethics Warm-Up, 2/19/19: College Disgrace Edition [Updated!]

/ Jack Marshall / 44 Comments

Hello, Readers, and Goodby, Columbus (see #5)!

In case you care: yesterday was about the third time in ten years that I have failed to get at least one post up. I was in New Brunswick, NY, after the three and a half-hour trip from Virginia took over five hours instead of three. I had scheduled a 6:15 am wake-up call, and a room service breakfast at 6:30 in order to prepare for my 3 hour seminar and get a post or two up before I had to check out at 8 am. No wake up call. No breakfast. I was awakened at 8:05 am by Clarence Darrow, aka actor Bruce Rauscher. Somehow we made it to the seminar on time, Bruce was great, the lawyers were happy, but by the time the return journey got me home that night any Ethics Alarms post I attempted would have been in Esperanto.

I’m sorry.

1. Revelation! Hearing Darrow’s courtroom arguments in a different interpretation and pace made me realize that part of his methodology was to gradually convince juries that he was smarter than they were, and that they should just do what he said because he proved he had thought the issues through more thoroughly than they had or could. His genius was that he could do this without appearing to be arrogant or conceited. This is how effective leaders lead, and also how they corrupt, persuading normal people to just surrender their judgment.

I am an advocate of capital punishment, but when Darrow made this argument pleading for the lives of thrill-killers Leopold and Loeb….

What is the public’s idea of justice? “Give them the same mercy that they gave to Bobby Franks.”

Is that the law?  Is that justice?  Is this what a court should do?  Is this what a state’s attorney should do?  If the state in which I live is not kinder, more humane, more considerate, more intelligent than the mad act of these two boys, I am sorry that I have lived so long.

…I had to pause and wonder if he had found the fatal weakness in the logic of the death penalty. I have a rebuttal, but I have thought about the issue a long time, and Darrow wasn’t THAT much smarter than me. But if I were a typical juror (or even a judge, as was his audience in this case), I might be tempted to see the case Darrow’s way.

2.  Once again, the totalitarian instincts of progressives and attempted thought-control on campuses...I believe that this escalating phenomenon will eventually lead to an epic cultural conflagration.

Orange Coast College barred its chapter of the Young Americans for Freedom  displaying this banner….

…..at a campus student recruitment fair. The College objected to the banner’s depicting images of two rifles which college officials said were forbidden by a college policy that bars not just firearms but “any facsimile of a firearm, knife, or explosive.”

Obviously, however, such a decision violates the First Amendment. Explains Constitutional law expert Eugene Volokh, “once a university opens up a space where students may display banners, it then may not restrict such displays unless the restriction is viewpoint-neutral and reasonable. It’s hard to see a viewpoint-neutral rationale for banning even sillhouette displays of guns, which no-one would confuse for real guns….even if the rationale is viewpoint-neutral, it’s not reasonable: To be reasonable, a restriction on speech within a government-created forum must be “consistent with the [government’s] legitimate interest in ‘preserv[ing] the property … for the use to which it is lawfully dedicated.'” Nothing about the display of rifle sillhouettes interferes with the government’s legitimate interest in preserving campus property for its normal uses, except insofar as such a display conveys a pro-gun viewpoint to which some people object.”

Of course, the real purpose of the restriction is political indoctrination of students and agenda-driven limitations on advocacy. College administrators who don’t comprehend the Bill of Rights better than this may be qualified to educate trained ferrets, but not human beings less human beings.

The professor also points out that the school’s sports team logo…

…violates the school policy exactly in the manner the banner does, for it includes an illustration of a knife.

Fools and hypocrites—and nascent totalitarians. Continue reading →

Morning Ethics Warm-Up, 2/6/2019: State of the Union Ethics, And More

/ Jack Marshall / 70 Comments

Hello, Austin!

At least, that’s what I’ll be saying later today, as I arrive in the Texas capital to give my country music ethics seminar, sung by the remarkable Mike Messer, to a group of over a thousand corporate lawyers. It’s certainly better than lying around coughing, which is what I’ve been doing lately.

1. Update: Facebook still won’t accept Ethics Alarms links. This is seriously depressing me. I can’t get Facebook to respond or explain, and so far WordPress hasn’t been any help either. In the past, posts here have attracted tens of thousands of Facebook shares; most got at least a couple. Now there are none. This affects traffic, it affects everything. On one level, I’m tempted just to leave Facebook entirely. It’s not a very pleasant place these days, and the company is despicable. That doesn’t solve the problem though. After all the work and time I have spent trying to develop the blog, watching its readership and circulation go backwards is infuriating. I also don’t know how paranoid I should be about all of this.

2. State of the Union notes. The speech is always political theater, and largely irrelevant unless it is botched or something weird happens, like “You lie!” or Obama attacking the Supreme Court. I find it amazing that so many pundits couldn’t keep their cognitive dissonance in check, and give some semblance of an honest, if grudging, analysis of what one would have to call an excellent performance—and that’s all the SOTU speech is, a performance— by Donald Trump standards, and a wise performance from a Presidential perspective. At a time of near maximum divisiveness, the speech was upbeat, optimistic, and patriotic. You have to really, really hate the man to condemn that speech….and that’s how most of journalists and pundits feel. I especially liked Salon’s “Donald Trump 2019: Same lying racist he was last year.”  CNN’s Van Jones was also self-indicting, saying,  “I saw this as a psychotically incoherent speech with cookies and dog poop. He tries to put together in the same speech these warm, kind things about humanitarianism and caring about children, and at the same time he is demonizing people who are immigrants in a way that was appalling.”  On the other side of the wacko divide, Ann Coulter called the speech “sappy” and was upset because Trump didn’t talk more about the wall. Is there anyone other than Coulter than wants him to talk more about the wall? We need a special confirmation bias clinic for these people. Also: Continue reading →